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Purchasing
Purchasing
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For requirements and department consideration/action click on the topic listed below.
Questions about these procedures may be addressed to Nancy Ufert at extension 3187 or nufert@siue.edu

Concessions, including intellectual property

Leases of Real Property

Professional and Artistic Service Categories

Disclosure, Conflict of Interest, and Compliance with Procurement Code

Prevailing Wages

Purchases of equipment, commodities, and general services (excludes Professional and Artistic Services and Construction)

Electronic Procurement Bulletin

Printing

Emergency Purchases

Professional and Artistic Services

Sole Source Purchases

Purchases of equipment, commodities, and general services (excludes Professional and Artistic Services and Construction)

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Purchases must be made through a competitive sealed bid or competitive Request for Proposal (RFP) process at the $53,700 level.

Competitive sealed bid/RFP solicitation must be publicly advertised in an electronic Procurement Bulletin for at least 15 days before bid/RFP opening.

Criteria to be considered in the competitive sealed bid/RFP must be indicated and objectively measurable.

Board of Trustees policy requires 3 informal bids be obtained for purchases between $10,000 and the formal bid level.

For competitive RFP solicitations, the relative importance of price and other evaluation factors must be stated.

Brand Name only specifications cannot be used except for products purchased for resale and prescriptive drug or medical supply.

Specifications cannot be unduly restrictive and cannot use specifications drafted by a potential bidder

Department should notify all faculty and staff of the issues addressed in the attached pages and the internal procedures to be followed in order to comply.

Department should plan purchases in consideration of the additional time required to advertise and prepare a bid/RFP solicitation on transactions of $54,600 or more.

Department should consider that categories of purchases previously exempt such as: publications; subscriptions; advertising; data processing equipment, software or services; duplicating machines and supplies; maintenance or repair from the original manufacturer; and professional or artistic services, no longer carry a categorical exemption and must be handled through a bid or RFP process or sole source process (See also Sole Source topic).

Department should review existing purchasing orders to determine if the dollar usage will require handling under a bid/RFP process. If purchase orders will require a bid/RFP process, the department should submit the necessary information (see below) to Purchasing as soon as possible after such determination has been made.

For transactions that must be bid or handled via a RFP solicitation, the department must provide suffiicient specifications to permit development of a bid/RFP solicitation along with its departmental purchase request (Requisition).

Department should also submit a listing of any and all suppliers that they want to receive a copy of the bid/RFP solicitation.

Advertisement in the Procurement Bulletin may elicit responses from more suppliers which may require additional time in evaluating bid/RFP responses and result in additional time required to process the transaction.

Specifications submitted should not be proprietary or otherwise unduly restrictive. Specifications cannot request a "Brand Name " only unless the item is for resale through a campus resale unit or is a prescriptive medical drug or supply. Specifications cannot be photocopied or otherwise identical reproductions of or drafts prepared by a potential bidder. Specifications may be stated as brand name or equal.

Failure to provide adequate specifications with a departmental purchase request will cause additional delay in processing the transaction.

In addition to specifications, the department must submit information regarding any price related or other criteria that it will consider in evaluating the responses received. Examples of such criteria include, but are not limited to the following: total or life-cycle cost, delivery, quality, testing, service, and/or warranty. Criteria identified for evaluation should be objectively measurable

If the purchase transaction is to be handled via a RFP solicitation, then, in addition to specifications and criteria to be used in the evaluation, the department must indicate the relative importance of price and the other criteria to be used in the evaluation.

If not taking the lowest bidder by price, the department must provide a letter explaining the rationale for not selecting the lower priced bidder(s) in consideration of the fact that a summary of such explanation must be published in an electronic Procurement Bulletin.

Since offers on bids/RFPs that exceed $20,000 must include required disclosure information, the department may have to select a high priced offer if the lowest bidder/respondent by price does not provide such disclosure information.

If the purchase is to be made as a sole source or emergency procurement, the department must submit a sole source justification form that is detailed and sufficient enough to withstand a challenge by others in consideration of the fact that the intent to make a sole source purchase or notice of an emergency purchase must be published in an electronic Procurement Bulletin.
(See also Sole Source and Emergency Purchase topics)

Department should consider that if a challenge to a requested sole source procurement is found to be warranted, the purchase transaction may be withdrawn as a sole source and have to be handled under the RFP solicitation process resulting in further delay in completing the transaction.

Professional and Artistic Services

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Specific categories of services will be defined as Professional and Artistic Services by the Chief Procurement Officer for Higher Education.

Categories of services identified as Professional and Artistic Services must be acquired through a Request for Proposal (RFP) process on purchases of $20,000 or more.

Click here for a complete listing of Professional and Artistic Services categories developed by the Chief Procurement Officer for Higher Education.

RFP solicitation must be publicly advertised in an electronic Procurement Bulletin at least 15 days before RFP opening.

Potential suppliers may submit information for the purpose of pre-qualifying to receive notice of solicitations for Professional and Artistic Service requirements. However, pre-qualification is not mandatory in order for a potential supplier to respond to a RFP.

Pre-qualified suppliers must be advised of RFP solicitations for Professional and Artistic Service categories for which they have been pre-qualified.

RFP solicitations for Professional and Artistic Services must be made using standardized forms that require, at a minimum, the following information: 1) description of the goal to be achieved, 2) service to be performed, 3) need for the service, 4) qualifications that are necessary (including relative importance of particular qualifications), and 5) a plan for post-performance review.

(Note: Purchasing will furnish departments with standardized solicitation forms to assist in meeting this requirement.)

Contracts (Purchase Orders) for Professional and Artistic Services must use a standardized format that requires at a minimum: 1) the information specified in the solicitation document (see above), 2) duration of the contract including, if applicable, a schedule of delivery, 3) method for charging and measuring cost (i.e. hourly, per day, etc.), 4) rate of remuneration (cost per hour, per day, etc.) and 5) the maximum price to be paid under the contract.

(Note: Purchasing will furnish departments with standardized contract forms prior to assist in meeting this requirement.)

Since most Professional and Artistic Service purchases were previously exempt from a competitive solicitation process, departments must plan such purchases in consideration of the additional time required to advertise and prepare a RFP solicitation on transactions of $20,000 or more.

Department must determine if service requested fall in the Professional and Artistic Services category. If it does not, then the general service requirement for handling via a bid/RFP process at the $54,600 level will apply.

Departments should submit a listing of any and all suppliers that they want to receive a copy of the RFP solicitation since a specific desirable supplier may not have submitted a pre-qualification statement.

Standardized solicitation documents which address certain specified information are required for Professional and Artistic Service RFP solicitations. Departments must provide the following information at the time of purchase request (Requisition): 1) description of the goal to be achieved, 2) service to be performed, 3) need for the service, 4) qualifications that are necessary (including relative importance of particular qualifications), and 5) a plan for post-performance review.

Since specific information is required to be incorporated in Professional and Artistic Service RFP solicitations, departments should consider that it may take additional time to gather the information needed to submit requests for such services to the Purchasing Division.

Departments should be aware that failure to provide sufficient information with the purchase request will result in additional delay in handling the transaction while the necessary information is being gathered.

If RFP responses for the requested service exceed $53,700, ranking and evaluation by price is required. If not taking the lowest bidder by price, the department must provide a letter explaining the rationale for not selecting the lower priced bidder(s). The rationale expressed should relate to the qualifications and/or criteria detailed in the RFP solicitation since this information will need to be published in the award notice on an electronic Procurement Bulletin in order to complete the transaction.

Since offers on Professional and Artistic Service RFP solicitations that exceed $20,000 must include required disclosure information, the department may have to select a high priced offer if the lowest respondent by price does not provide such disclosure information.

On all transactions for Professional and Artistic Services and other Independent Contractor services, regardless of amount, the department should continue to use the SIUE "Consultant Agreement" form provided by Purchasing.

On transactions for Professional and Artistic Services, even those that are under the RFP solicitation threshold ($20,000), or handled as a sole source or emergency purchase, the department must complete a standardized contract form that provides the required information, namely: 1) the information specified in the solicitation document (see above), 2) duration of the contract including, if applicable, a schedule of delivery, 3) method for charging and measuring cost (i.e. hourly, per day, etc.), 4) rate of remuneration (cost per hour, per day, etc.) and 5) the maximum price to be paid under the contract.

If the purchase is to be made as a sole source or emergency procurement, the department must submit a justification letter that is detailed and sufficient enough to withstand a challenge by others in consideration of the fact that the intent to make a sole source purchase or notice of an emergency purchase must be published in an electronic Procurement Bulletin.

(See also Sole Source and Emergency Purchase topics)

Department should consider that if a challenge to a requested sole source procurement is found to be warranted, the purchase transaction may be withdrawn as a sole source and have to be handled under the RFP solicitation process resulting in further delay in completing the transaction.

RECOMMENDED LIST OF PROFESSIONAL AND ARTISTIC SERVICE CATEGORIES

MEDICINE

ACCOUNTING

Audiologist Accountant
Chiropractor Auditor
Dietician Billing Services
Medical Transcriber Collection Services
Nurse

DENTISTRY

Occupational Therapist Dentist
Optometrist Orthodontist
Orthopedist Periodontist
Pathologist

LAW

Pharmacist Administrative Law Judge

Physical Therapist

Attorney
Physician Court Reporting
Podiatrist Hearing Officer
Radiologist Legal Services
Surgeon Law Clerk
Veterinarian Arbitrator

CLINICAL PSYCHOLOGY

MARKETING AND MEDIA SERVICES

Psychotherapist Commercial Photographer
Psychiatrist Editor
ARTISTIC Graphic Designer
Artist Public Relations
Entertainer Media Consultant
Sculptor Audio and Video Production
Musician

ENVIRONMENTAL/LAND

SCIENCE/RESEARCH

Cartographer
Archaeologist Environmental Analyst
Biologist Environmental Engineer
Botanist Geologist
Chemist Hydrologist
Educator Land Appraiser
Entomologist Land Use Planner
Historian Meteorologist

MANAGEMENT/ADMINISTRATIVE

Naturalist
Actuaries

DATA PROCESSING

Banking Services Programmers
Consultants Systems Analyst
Economist Consultant
Investment Services Networking Design
Training and Development

Sole Source Purchases

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Permitted when there is only one economical source for the good or service.

Intent to purchase on a sole source basis must be advertised in an electronic Procurement Bulletin at least 15 days prior to issuance of the award.

Department must plan purchases in consideration of the additional time that will be needed to process legitimate sole source transactions due to the advertising requirement.

Department must submit a justification letter that is detailed and sufficient enough to withstand a challenge by others. A difference in price between potential suppliers, in and of itself, is not justification for a sole source purchase.

Department should consider that if a challenge to a requested sole source procurement is found to be warranted, the purchase transaction may be withdrawn as a sole source and have to be handled under a bid/RFP solicitation process resulting in further delay in completing the transaction.

Department should consider that posting of intent to make a purchase as a sole source on the Procurement Bulletin will provide increased exposure to a challenge of this method of source selection by other suppliers.

If there is a question of whether or not a sole source purchase is warranted, the department should contact the Purchasing buyer before submitting their request.

Emergency Purchases

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Emergency purchases are permitted in case of: threat to public health or safety; to protect against loss of or damage to State property; to prevent or minimize disruption in State services; or to ensure integrity of State records.

Notice of emergency purchases made must be published in the electronic Procurement Bulletin on an after the fact basis with the notice to include total cost, description, and rationale for using this method of purchase.

An affidavit must be filed with the Auditor General within 10 days of the emergency purchase providing the amount expended, the name of the contractor, and the circumstances requiring the emergency procurement.

In addition, an affidavit must be filed with the Chief Procurement Officer within 10 days of the emergency purchase and provide the same information.

Chief Procurement Officer may also promulgate rules to make emergency "Quick Purchases" in situations that include the availability of items on the spot market or at discounted prices available for a limited time due to special circumstances.

Department should consider whether or not any request for an emergency purchase meets one or more of the conditions required to constitute an emergency.

Department must submit along with its request a letter signed by the Dean or Department Head outlining the circumstances and/or conditions that constitute the need for handling the transaction as an emergency purchase.

Department should also provide the supplier's name and the total cost of the items and/or services being purchased on an emergency basis. If the actual cost is not known at the time of submission, at a minimum, the department must provide a reasonable estimate of the anticipated expenditure amount.

When the rules are established, departments will be advised of circumstances that may qualify as "Quick Purchase" emergency conditions. Any request for a "Quick Purchase" must include a letter outlining the circumstances and/or conditions that would warrant handling the transaction via this method of selection.

If there is a question of whether or not a "Quick Purchase" is warranted, the department should contact the Purchasing buyer before submitting their request.

Electronic Procurement Bulletin

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Notice of various transactions must be published in a publicly accessible electronic Procurement Bulletin.

Notice must be published in the Procurement Bulletin at least 15 days prior to any award on the following transactions:

  • Competitive bid/RFP solicitations for equipment, commodities, and general services (excludes Professional & Artistic Services and Construction) at the $75,300 level.
  • RFP solicitations for Professional & Artistic Services at the $20,000 level
  • Solicitations for Constructions, including construction-related services, at the $35,400 level.
  • Intent to purchase any equipment, commodity or service on a sole source basis.
  • Notice of transactions that are considered to be a renegotiated contract or change order.

Notice must also be published in the Procurement Bulletin on the following transactions:

  • Awards issued for any of the transactions that must be advertised on the Procurement Bulletin, including transactions that are considered as renegotiated contracts and change orders.
  • Award notice must include rationale if lowest bidder by price is not being accepted
  • Emergency purchases with the notice to include total cost, description, and rationale.
  • Notice of the exercise of renewal options on real property leases must be published 60 days prior to the exercise of the option.
Department must provide sufficient information for each category of purchase in order to avoid delays in Purchasing's ability to advertise the transaction. (See other topics for more information)

Department must plan purchases in consideration of any extra time that is necessary to meet the applicable advertising requirement.

Department must consider that transactions previously exempt from any advertising requirement such as: sole source purchases, Professional and Artistic Services, and renewal of real property leases, will take longer to complete than in the past.

Department must consider that our purchase intentions will be more accessible to potential bidders and may increase the number of bid/RFP responses that have to be evaluated.

Department must consider that proposed sole source purchases will be subject to greater public scrutiny and that justification information to support such purchases must be sufficient to address any challenge to this method of source selection.

Department must provide sufficient back-up justification and documentation when the lowest bidder by price is not being selected since this information will be needed to advertise the award and complete the transaction.

Department must track the expiration dates on real property lease agreement and submit information regarding renewal of such leases in time to permit the required length of advertisement prior to renewal.

Prevailing Wages

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Prevailing wages statement now required for any printing contract Printing does not include photocopying done in the course of normal business activities or printed matter that is commonly available to the general public from a contractor's inventory (i.e. standard pre-printed forms).

Prevailing wages statement also required for other service contracts that exceed an expenditure of $2,000 or more or $200 or more per month, including: janitorial services, window cleaning services, and security services.

Purchasing will issue all printing orders and will include the appropriate Prevailing Wages statements and schedules in any bid, request for quotation, or Purchase Order.

On purchases for the indicated services the appropriate Prevailing Wages statements and schedules will be included in any bid, request for quotation, or Purchase Order

Printing

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Specified information is required to be printed on any annual report. Report must indicate if it was printed by State of Illinois or by contract, indicate the printing cost per copy, and the number of copies printed.

Publications noted as "Complimentary" are prohibited.

Printing services involving cost offsets through such means as exchange of advertising rights or free copies may have to be handled via a bid/RFP process depending on the net cost.

Printing services must specify use of soybean oil based ink unless excepted based on quality and price considerations.

Department should determine net cost of printing requests that involve cost offsets. If the net cost may or will exceed $53,700, the printing request must be handled via a competitive sealed bid process.

The department must submit a letter explaining its quality and cost considerations if soybean oil based ink will not be acceptable for the requested printing job

Leases of Real Property

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Leases for real property must be awarded based on a Request for Information process except in any of the following circumstances: 1) if the property is less than 10,000 square feet, 2) rent is less than $100,000 per year, 3) duration of lease is less than one year and cannot be renewed, 4) specialized space available at only one location, 5) renewal or extension of a lease in effect prior to July 1, 1998 and a written determination by the Chief Procurement Officer that the renewal or extension is beneficial is submitted to the Procurement Policy Board and no objection is received within 30 days.

Notice of Request for Information for a real property lease must be advertised in an electronic Procurement Bulletin and a general circulation community newspaper for at least 15 days.

With certain limited exceptions, the term of a lease for real property cannot exceed 10 years and must include a termination option in favor of the University after no more than 5 years.

Leases must include a termination clause that provides for cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the lease.

If a Request for Information must be used for the intended lease of real property, the Department must include along with its request (Requisition) the following information: 1) type of property to be leased, 2) proposed uses of the property, 3) duration of the lease, 4) preferred location of the property, and 5) general description of the configuration desired.

Department should be aware that failure to provide sufficient information with the purchase request will result in additional delay in handling the transaction while the necessary information is being gathered.

If the lowest qualified respondent by price is not selected, the Department must provide a letter explaining the rationale for not selecting the lower priced bidder(s) in consideration of the fact that a summary of such explanation must be published in an electronic Procurement Bulletin.

If there is a question regarding the requirements for handling a particular real property lease, the department should contact the Purchasing Office.

Disclosure, Conflict of Interest, and Compliance with Procurement Code

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

All offers, whether solicited or unsolicited , in response to a competitive Sealed Bid, Request For Proposal, or Request For Information, must include a disclosure of specified financial information by the bidder, proposer, or contractor.

Offers that fail to provide the specified disclosure information cannot be accepted and are considered as non-responsive to the competitive sealed bid, Request for Proposal, or Request For Information.

In addition to information regarding name, ownership interest, type of ownership, and notice of potential conflict based on beneficial relationship, all disclosures must note any other current or pending contracts, proposals, leases, or other ongoing procurement relationships the bidding, proposing, or offering entity has with any other unit of State government.

In the case of a real or direct conflict of interest (Purchase from a University officer, employee, or spouse, or minor child of an employee), an exemption to authorize such purchase can be made with appropriate approval.

Approval is effective when it has been properly documented and includes the name of the individual, basis for the conflict, reason for exemption, and received the appropriate authorizing signature(s).

In the case of an identified potential conflict of interest (Purchase from entity having beneficial relationship other than a University officer, employee, or spouse, or minor child of an employee), the transaction will be reviewed by the Governor, or an ethics board or commission designated by the Governor, when it involves a competitively bid contract exceeding $250,000 or a contract for personal services or other contract in excess of $50,000.

If any contract is entered into or purchase or expenditure of funds made in violation of the Procurement Code, the contract may be declared void by the Chief Procurement Officer.

Whoever violates the Procurement Code, or rules promulgated under it, is guilty of a Class A misdemeanor, and willful violation, directly or by accessory, is subject to immediate dismissal.

Department should be aware that a standard disclosure form has been developed and will be incorporated in every competitive Sealed Bid, Request For Proposal, or Request For Information issued by the Purchasing Division.

Department should be aware that suppliers that fail to provide the required disclosure information in response to any solicitation cannot be considered for award. This requirement means that the department may not be able to consider an otherwise low bidder who responds to a University solicitation.

Requests for exemption on a real or direct conflict of interest transaction can be reviewed and handled at the campus level. Department should consider that such requests will have to be submitted for approval to the Chancellor of the University. Such requests for exemption for conflict of interest purchases must include a letter from the Dean or Department Head and address why the requested purchase is essential to University operations (in the case of officers or employees), or beneficial to University operations (in the case of immediate family of officers or employees), and why the purchase can only be economically made from such source. This review process will take additional time to complete and cannot be made on an after the fact basis. Department may want to undertake a market evaluation to determine if there is any alternate source of supply in lieu of a conflict of interest supplier.

Requests for exemption on such conflict of interest transactions will have to be submitted for external review and approval in addition to receiving the necessary internal reviews and approvals. This external review process will take additional time to complete and cannot be made on an after the fact basis. Department may want to undertake a market evaluation to determine if there is any alternate source of supply in lieu of a conflict of interest supplier.

Department should consider that transactions submitted on an after the fact basis may be in violation of the Procurement Code if they were not handled in accordance with the specified method of source selection and were not properly solicited through a public advertisement.

Department faculty and staff should be advised that violations of the Procurement Code are subject to legal penalties, and in the case of deliberate violations, the penalties may include dismissal.

Concessions, including intellectual property

REQUIREMENT

DEPARTMENT CONSIDERATION/ACTION

Concessions for property, whether tangible or intangible, including the assignment, license, sale, or transfer of interest in or rights to discoveries, inventions, patents, or copyrightable works, must be:

1) reduced to writing,

2) can be awarded at discretion of the University,

3) duration and terms are at discretion of the University

Notice of award of such concessions must be published in an electronic Procurement Bulletin.

Examples of such concessions include: leases of space on University property, vending services, private food operations, etc.

Department should advise all faculty and staff of this requirement and initiate procedures that will allow capture of this information on concessions.

Department must provide information on award of such concessions to the appropriate personnel in Purchasing so appropriate advertisement can be made in the electronic Procurement Bulletin. Intellectual property concessions will be handled separately.

Purchasing should be contacted to obtain further details of this requirement

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